DETAILED BOOKING CONDITIONS - 75 th edition Valid for new bookings from 15.06.2021 - tui magic life

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DETAILED BOOKING CONDITIONS - 75 th edition Valid for new bookings from 15.06.2021 - tui magic life
75 th edition
Valid for new bookings
from 15.06.2021

DETAILED BOOKING CONDITIONS

   Detailed booking conditions for
   TUI Deutschland GmbH
DETAILED BOOKING CONDITIONS
Dear Holiday Guest,                                                   in particular in the case of electronic transactions, it
                                                                      is sufficient to send the booking confirmation on a
                                                                                                                                         which allows the direct debiting of the customer’s
                                                                                                                                         current account with the price to be paid (deposit
                                                                      durable electronic medium.                                         and final payment). The authorisation is part of the
Please take a good look at these booking conditions sent                  If the details set out in the confirmation differ              confirmation.
to you before the booking, because with your booking you              from the details made in your booking, TUI is bound          2.5.3 When paying your service booked with TUI with a
are accepting these booking conditions. They apply to all             to the details furnished in this new offer for a period            credit card, TUI requires your consent (if necessary,
package tours as well as to travel services and components            of 10 days. The contract is then concluded on the                  via the sales outlet) to withdraw money from your
booked as individual services within the meaning of sections          basis of this new offer insofar as TUI has pointed                 credit card. In online sales, sometimes, additional
651a - y (3) nos. 2 and 3 of the German Civil Code (BGB)              out any change in the new offer compared with the                  authentication is required.
(accommodation in hotels or holiday homes/apartments                  booking and fulfilled its pre-contractual information        2.5.4 You can also pay by bank transfer up to 30 days
and rental of motor vehicles (including motorhomes) and               obligations and you have conveyed your acceptance                  before the start of the service.
motorcycles) – hereinafter referred to as individual services         to the tour operator by express declaration or the             2.6 Payment via the sales outlet
– of the provider TUI Deutschland GmbH (hereinafter                   payment of a deposit within the binding period.              		 In exceptional cases, both the deposit and, upon
referred to as TUI). They supplement and complete the             1.4 When booking a package tour, the pre-contractual                   receipt of the itinerary, the remaining payment can be
statutory provisions of the BGB applicable to accommoda-              information provided by TUI governing the essential                made at your sales outlet.
tion/rentals for package tours in line with sections 651a - y         characteristics of the travel services, the travel price       2.7 Changes to the agreed payment method can only
(250 and 252) of the Introductory Act to the German Civil             and all additional costs, the payment modalities, the              be made up to 35 days before the start of the service
Code (EGBGB). Should individual provisions of these boo-              minimum number of participants and the cancellation                and only for payments that are still outstanding.
king conditions only apply in whole or in part to package             fees in accordance with Section 250 (3) nos. 1, 3 to 5         2.8 If you have not received the itinerary by at the latest
tours or only to individual TUI services, this will be made           and Section 7 EGBGB is not part of the package tour                4 days before the start of the service, please contact
clear at the appropriate point. The term service(s) includes          contract only if this is expressly agreed upon between             your sales outlet immediately. For short-term book-
both package tours and individual components.                         the parties.                                                       ings or amendments to the booking made 14 days or
These booking conditions do not apply to mediated                 1.5 We would like to point out that according to sections              less before the start of the service, you will receive
individual services (e.g. admission tickets as individual             312 (7) and 312g (2) sentence 1 no. 9 BGB for                      the itinerary by the same means as for longer-term
services brokered by TUI Ticket Shop (TTS)) and the                   package tour contracts pursuant to sections 651a                   bookings. In your own interest, we ask you to carefully
mediation of connected travel services within the meaning             and 651c BGB concluded at a distance (by letter,                   review the itinerary upon receipt.
of section 651w BGB. If appropriate, you will receive this            over the telephone, by fax, email, SMS, broadcasting,          2.9 If due payments are defaulted on or are not made
information separately.                                               telemedia, online services), there is no right of                  in full and you do not pay even after a reminder
In addition, these booking conditions apply to business               revocation, but only the statutory rights of cancella-             with a grace period, TUI can withdraw from the res-
travel only if such travel is not arranged on the basis of a          tion and termination, in particular the right to cancel            pective contract, unless there is already a significant
framework agreement governing the organisation of                     according to Section 651h BGB (see also section 8).                deficiency in performance at this time. TUI may, in
business travel. These booking conditions are available on            However, a right to revocation exists if the contract              the event of withdrawal from the contract within
the Internet at www.tui.com > AGB > Buchungsbedingungen               for travel services pursuant to Section 651a BGB                   the meaning of the previous sentence, demand can-
für Pauschalreisen der TUI Deutschland GmbH.                          was concluded outside of business premises, unless                 cellation fees as compensation in accordance with
                                                                      the oral proceedings on which the conclusion of the                sub-sections 8.2 and 8.5. If you fail to make payments
 1.   Concluding the contract                                         contract is based were conducted on the prior order                despite them being due, TUI also reserves the right
 2.   Payment                                                         of the customer; in the latter case, there is no right             to charge a reminder fee of € 1.50 for the second
 3.   Children‘s discounts                                            of revocation.                                                     reminder.
 4.   Special notes on holiday apartments and homes
                                                                                                                                             Your right to prove that costs were not incurred
 5.   Special requests, individual travel arrangements,             2 Payment                                                            or were significantly lower remains unaffected.
      travel rep service                                                                                                           2.10 Costs for ancillary services such as the procurement
 6.   Air transport for package holidays                           2.1 In the case of package tour bookings, to safeguard                of visas etc. are not included in the travel price, unless
 7.   Amendments to services                                           customer funds TUI has concluded insolvency                       expressly stated. If such costs arise, please pay them
 8.   Cancellation by the customer before the start of the             insurance with the German Travel Insurance                        to the sales outlet.
      service/cancellation fees                                        Association VVaG (DRS). In these cases, the booking
 9.   Amendment to booking, substitute                                 confirmation includes the respective insurance
10.   Travel Insurance                                                 certificate.
                                                                                                                                       3 Children‘s discounts
11.   Cancellation and termination by TUI                                  In addition, irrespective of whether a package
12.   Notification of defects, remedy, reduction, termination                                                                      		The age of the child at the start of the service is
                                                                       tour or individual travel service was booked, the              decisive. Irrespective of this, you must give the age of
13.   Damages                                                          booking confirmation includes details of the amounts
14.   Consumer dispute resolution/EU online dispute                                                                                   each child travelling with you when booking.
                                                                       for the deposit and the final payment and, if appli-               Please refer to the respective service description
      resolution platform and assignment                               cable, the methods for calculating the amount due in
15.   Passport, visa, customs, foreign exchange and                                                                                   for the scope of child discounts.
                                                                       the event of cancellation. Payments for all bookings               Children under 2 years of age are carried free
      health regulations                                               shall be made in accordance with sub-sections 2.2 to
16.   Data protection                                                                                                                 of charge on charter flights within the framework
                                                                       2.10 below:                                                    of package arrangements without entitlement to a
17.   General                                                      2.2 If the booked tour includes air transport, upon con-           seat on the aircraft, provided that one adult accom-
                                                                       clusion of the contract a deposit of 25% of the total          panying person is travelling with each child. In the
      1 Concluding the contract                                        price is due upon receipt of the confirmation. If the          context of package arrangements with scheduled
                                                                       booked service does not include any air transport,             air transport and in the case of flight-only offers
    1.1 By submitting your booking you are making a bin-               20% of the total price is due. However, this does not          (charter or scheduled flight), the administrative
        ding offer to TUI to conclude a contract. The basis            apply to products marked with „Free cancellation until         charges of the service provider (the airline) shall be
        of the offer is the travel write-up and the additional         6 p.m. on the day of arrival“; in which case the provisi-      passed on for children under 2 years of age, without
        information provided by TUI for the respective travel          ons in sub-section 2.3 apply.                                  entitlement to a seat of their own. In the event of
        service(s) as made available to you at the time of         2.3 The remaining amount of the price is due 4 weeks               incorrect age details, TUI is entitled to charge any
        booking.                                                       before the start of the service, if it is clear that the       differences based on this at the correct price plus a
            The contract is concluded upon receipt of TUI‘s            service – as booked – will be delivered and the                processing fee of € 50.
        declaration of acceptance. This does not require any           itinerary is ready at the sales outlet (e.g. travel         		 Your right to prove that costs were not incurred or
        specific form.                                                 agency, online travel agency, call centre) or has been         were significantly lower remains unaffected.
    1.2 The customer is responsible for all contractual                sent to you as agreed.
        obligations of co-travellers on whose behalf he/she                For short-term bookings (from 28 days before
        makes the booking, just as he/she is for meeting his/          the start of the service) the entire price is due               4 Special notes on holiday
        her own contractual duties to the extent that he/she           immediately.                                                      apartments and homes
        has committed to these obligations explicitly and by       2.4 Cancellation fees (see section 8) and any processing
        separate declaration.                                          and booking amendment fees (see section 9) are due          		 Ancillary costs for consumption-related items or addi-
    1.3 Upon or immediately after conclusion of the contract,          immediately.                                                   tional services you requested are usually not included
        you will receive a booking confirmation that contains      2.5 Payment directly to TUI                                        in the price. Unless otherwise stated in the service
        all essential information about the travel service(s)    2.5.1 This requires the customer’s first and last name,              description, they must be paid directly on site.
        you have booked. If both parties are physically                complete address, telephone number and also email                  The apartment/holiday home may only be
        present at the time of making the booking, especially          address in the case of paying by bank transfer.                occupied by the number of adults and children
        when in a travel agency, you are entitled to be given    2.5.2 For SEPA direct debit payments, TUI requires                   detailed in the service description and listed in the
        the booking confirmation in paper form, otherwise,             (possibly via the sales outlet) a signed authorisation         confirmation.

2
The indicated arrival and departure dates are            7 Amendments to services                                               The following flat rates also take into account the
       binding. Before keys are handed over, a reasonable                                                                             period between the notice of cancellation and the
       amount (deposit) may be required to cover any              7.1 Before the conclusion of the contract TUI can                   start of the service. At the customer‘s request TUI
       damage or locally payable, consumption-dependent               make a change at any time in the service descrip-               shall justify the applied fees.
       ancillary costs.                                               tions, and will notify you accordingly before booking.              Furthermore, the customer is also free to provide
          The refund or settlement against the deposit            7.2 Changes to essential travel services in relation to the         evidence that TUI has not suffered any loss as a
       takes place when the apartment/holiday home has                agreed content of the booking contract that become              result of the cancellation or that the fees to which
       been returned in a clean and proper condition at the           necessary after conclusion of the contract and prior            TUI is entitled are significantly lower than the flat-
       end of the stay.                                               to departure and that are not made contrary to good             rate compensation demanded by TUI.
                                                                      faith by TUI are only permitted insofar as they are         8.3 Cancellation fees are also due if a customer fails to
    5 Special requests, individual travel                             not significant and do not affect the overall quality           arrive at the respective departure airport or place of
                                                                      and scope of the booked service. Any warranty                   departure or place of performance in good time at
      arrangements, travel rep service                                claims remain unaffected, in particular insofar as the          the times stated in the booking documents or if the
                                                                      changed services are subject to defects.                        service is not commenced due to a lack of travel
  5.1 Special requests                                                                                                                documents for which TUI is not responsible, e.g.
                                                                  7.3 TUI will inform the customer about service changes
5.1.1 Sales outlets may only accept special requests as                                                                               passport or necessary visa.
                                                                      on a permanent data medium immediately after
      non-binding. TUI will endeavour as far as possible to                                                                       8.4 The flat-rate entitlement to cancellation fees per
                                                                      becoming aware of the reason for the change. If
      meet your requests for special services that are not                                                                            person/per accommodation unit in the event of
                                                                      necessary, TUI will offer the customer a free change
      advertised, e.g. adjacent rooms or rooms in a particu-                                                                          cancellation is as follows:
                                                                      or a free withdrawal.
      lar location. Without written confirmation from TUI,                                                                      8.4.1 Standard compensation fees:
                                                                          For a replacement air carriage due to a change
      either before or after conclusion of the contract, sales                                                                        A Travel with air transport
                                                                      of airport, the train-to-flight ticket (see sub-section
      outlets are not entitled, unless they are separately                                                                      		 until 31 days before departure                         40%
                                                                      13.6) is included in your itinerary.
      authorised to do so, to make any promises or agree-                                                                       		 from 30 days before departure                          60%
                                                                  7.4 In the event of any significant change to any essential
      ments that deviate from the service descriptions or                                                                       		 from 14 days before departure until the day
                                                                      feature of the travel services or deviation from the
      contracts already concluded.                                                                                                    of departure or no show                             80%
                                                                      customer‘s specific requirements that have become
		 Please note that only identical board types can be                                                                           		 of the agreed travel price
                                                                      part of the travel contract, the customer is entitled
      booked within one accommodation unit. This also                                                                                 B Travel/service without air transport
                                                                      within a reasonable time limit set by TUI at the same
      applies to children travelling with you.                                                                                  		 until 31 days before start of travel/service           20%
                                                                      time the change is notified to either accept the
5.1.2 A fee of maximum € 50 per person and week is                                                                              		 from 30 days before start of travel/service            40%
                                                                      change or to withdraw from the travel contract free
      charged for processing individual services deviating                                                                      		 from 14 days before start of travel/service until
                                                                      of charge or to request participation in a replacement
      from the respective service description.                                                                                        the day of commencement of travel/service
                                                                      service if TUI has offered such a travel service.
5.1.3 If you wish to change flights and/or hotels in the                  Upon receipt of the notification by TUI the                 or no show or failure to use the service            80%
      destination, TUI reserves the right to charge a                 customer has the choice to respond or not respond.        		 of the agreed price
      reasonable handling fee per traveller in addition to            If the customer responds to TUI, then he/she can          8.4.2 Exceptions to the standard compensation policy:
      any additional costs incurred. The processing fee is            either agree to the contract change, request partici-           A Holiday homes/villas/apartments, caravan
      applicable per person. Flight amendments are not                pation in a replacement travel arrangement or, – in             parks, also for bus and rail travel, motorbike tours,
      possible for packages from XTUI and ltur.                       the case of booking an individual service – demand              airtours private travel
5.1.4 Bringing pets is only permitted if the service                  to participate in a replacement service, if this was      		 until 46 days before the start of travel/service 25%
      description expressly allows this.                              offered, or withdraw from the contract free of            		 from 45 days before the start of travel/service 50%
  5.2 Extending your stay                                             charge.                                                   		 from 35 days before the start of travel/service up
      If you would like to stay longer at your holiday des-               If the customer does not respond to TUI or does             to the day of commencement of travel/service
      tination, please contact your travel representative or          not respond within the set deadline, the notified               or no-show                                          80%
      the local TUI representative as early as possible. We           change will be deemed accepted.                           		 of the agreed price
      are happy to extend your stay if suitable accommo-                  The customer shall be informed thereof in a           		 B Cruises, camper programmes
      dation and return transport options are available.              clear, understandable and emphatic manner in the          		 until 31 days before the start of travel/service  25%
          The cost of an extension must be paid locally.              statement of notification in line with sub-section 7.3.   		 from 30 days before the start of travel/service 40%
      Please carefully check the rates and conditions that        7.5 Any warranty claims remain unaffected insofar as the      		 from 24 days before the start of travel/service 50%
      apply to your return journey as well as the validity            changed services are defective. If TUI incurred lower     		 from 17 days before the start of travel/service 60%
      period of your travel insurance and any required                costs for implementing the modified or alternatively      		 from 10 days before the start of travel/service
      visa. It is not possible to extend stays for packages           provided package tour or individual service of equi-            up to the day of commencement of travel/service
      from XTUI and ltur.                                             valent quality, the customer shall be reimbursed the            or no show                                          80%
  5.3 Travel representative service, support and                      difference.                                               		 of the agreed price
      assistance                                                  7.6 In the case of cruises, the captain alone decides on            Different conditions apply to airtours cruises, which
      The package tours offered include being looked after            any changes in the sailing time and/or routes that              will be communicated to you prior to booking.
      on site; this is done by local TUI representatives or           become necessary, for safety or weather reasons, for
      TUI Service.                                                                                                              		 C In the case mediated tickets only, e.g. for musicals,
                                                                      example.                                                        the cancellation conditions of the respective provider
          You will find the contact details in the itinerary,
      on www.meine-tui.de or in the MY TUI app. You                                                                                   apply. These conditions will be communicated to you
      may also, if this is part of the booked service, have a      8 Cancellation by the customer                                     at the time of making the booking.
      travel rep in your hotel.                                      before the start of the service/                           		    D In the case of products marked with the note
          In the case of filing complaints, please refer to the                                                                       „80% cancellation fee from time of booking“, cancel-
      special information in sub-section 13.7.2.                     cancellation fees                                                lation fees amounting to 80% of the agreed price are
                                                                                                                                      due irrespective of the time of cancellation.
                                                                  8.1 The customer may cancel the contract at any time
    6 Air transport for package holidays                              before the start of the service. Cancellation must be               In the case of products marked with the note
                                                                      notified to TUI. If the service was booked through a            „Cancellation free of charge until 6 p.m. on the
 6.1 Operating air carrier/EU Air Safety List                         sales outlet, the cancellation may also be notified to          day of arrival“, no cancellation fee is charged if the
     According to Regulation (EC) 2111/2005 of                        the outlet. The customer is advised to notify the               cancellation is made before 18:00 (CET), whereas if
     14.12.2005, when you are making the booking TUI is               cancellation on a durable medium.                               the cancellation is made later than 18:00 (CET) on
     obliged to inform you of the identity of the operating       8.2 If the customer cancels before the start of the service         the day of arrival, cancellation charges amounting to
     air carrier(s). If the operating air carrier is not yet          or does not start the package tour or the booked                80% of the agreed price must be paid.
     known at the time of booking, you will first be                  individual service, TUI shall lose the claim to the       		    E For TUI Cars, cancellation fees amounting to 80%
     informed as to the identity of the likely operating              agreed price. Instead, TUI may demand appropriate               are only due from 24 hours before the agreed start
     air carrier(s). As soon as the identity is finally deter-        compensation, insofar as TUI is not responsible for             of the service and in the event of non-acceptance of
     mined, you will be informed accordingly. In the event            the cancellation and there are no extraordinary                 the rental car. Separate cancellation fees apply
     of a change of the operating air carrier after booking,          circumstances at the destination or in its immediate            to motorbikes and will be communicated prior to
     you will be notified of the change as soon as possible.          vicinity which significantly impair the performance             conclusion of the contract.
         The list of air carriers subject to an operating             of the booked service or – if included in the booked        8.5 TUI reserves the right to demand higher, individually
     ban in the EU Air Safety List can be found at                    service – the transport of persons to the destination;          calculated compensation instead of the flat-rated
     https://ec.europa.eu/transport/sites/transport/files/            circumstances are deemed unavoidable and extra-                 compensation, if TUI provides evidence that it has
     air-safety-list_en.pdf.                                          ordinary if they are beyond TUI‘s control and their             incurred significantly higher expenses than the
 6.2 Stopovers                                                        consequences could not have been avoided even if all            applicable flat-rated compensation. In this case,
     TUI points out that there may be intermediate stops              reasonable precautions had been taken.                          TUI shall be obliged to specifically quantify and prove
     on direct flights for technical flight or programme                  The cancellation fees are set out in sub-section            the compensation demanded, taking into account the
     reasons.                                                         8.4. They are determined on the basis of the price              expenses saved and any other use of the services.
 6.3 You are strongly recommended to carry money,                     less the value of the expenses saved by TUI and less
     valuables, technical equipment and medicines in                  what TUI acquires through other use of the services.
     your hand luggage only.
                                                                                                                                                                                            3
8.6 If TUI is obliged to refund part or all of the agreed        10 Travel insurance                                             12.4 If the booked service is considerably impaired by a
        price as a result of a cancellation, TUI must do so                                                                               defect in the service and TUI does not provide a
        without delay and in any case within 14 days of            		 TUI recommends that you take out a comprehensive                    remedy within a reasonable period of time, the
        receipt of the cancellation notice.                           travel insurance package, in particular one that                    customer may terminate the contract – in his own
            Your right to provide a substitute traveller within       includes travel cancellation insurance (which can                   interest and for reasons of preserving evidence, it is
        a reasonable period before the start of the service           also be booked separately) and insurance to cover                   advised to do so in writing.
        by means of a declaration on a durable data medium            repatriation costs in the event of accident or illness.                 It is only not necessary to set a deadline for the
        (see sub-section 9.2 below) remains unaffected by             Please check the special offers in the respective                   remedy if TUI refuses to implement a remedy or if
        the above conditions. Such a declaration is in any            service descriptions. Details of the insurance cover                immediate remedy is necessary.
        case on time if TUI receives it no later than seven           can be found at the end of these booking conditions                     If the contract is subsequently cancelled, the
        days before the start of the service.                         or can be obtained from your sales outlet.                          customer shall retain the right to be transported
                                                                                                                                          home if the contract included carriage.
      9 Amendment to booking, substitute                                                                                                      In the event of termination in accordance with
                                                                     11 Cancellation and                                                  sub-section 12.4, the customer shall owe TUI only
    9.1 If you so request, TUI will amend the confirmation              termination by TUI                                                that part of the agreed price which is attributable to
        (amended booking), insofar as this is feasible, up to                                                                             the services used (or still to be provided at the end
                                                                    11.1 TUI may terminate the contract without notice if the             of the package tour).
        31 days before the start of the travel/service or, in
        the case of travel and services as defined in sub-               performance of the booked service is permanently
        section 8.4.2 A, up to 46 days before the start of the           disrupted by the customer despite TUI issuing a              13 Damages
        travel/service.                                                  corresponding warning. The same applies if a
            Amended bookings include, for example, changes               customer behaves in breach of contract to such             13.1 In the event of a defect in the services, the customer
        to the travel date, destination, place of departure,             an extent that the immediate termination of the                 may claim damages without prejudice to entitlement
        accommodation or transport. A separate fee of €50                contract is justified. However, TUI retains the right           to a reduction of the agreed price or termination,
        per person is charged.                                           to the agreed price. Any additional costs for return            unless the customer is culpable for the defect in
            Additional costs incurred by service providers (e.g.         transport shall be borne by the party causing the               the services, or the defect was the fault of a third
        airlines) will be charged separately. Therefore, please          disruption.                                                     party who is neither a service provider nor otherwise
        pay due attention to the correct spelling of your                     However, TUI must take into account the value of           involved in the provision of the services covered by
        name as stated on your passport.                                 any expenses saved as well as any benefits gained               the contract and the defect was unpredictable or
            Please note that amended bookings may result in              from another use of services not used, including any            unavoidable on the part of TUI or was caused by
        the loss of any benefits and discounts applicable at             reimbursements by service providers.                            unavoidable, extraordinary circumstances.
        the time of the original booking and thus in higher         11.2 In the case of package tours, TUI may cancel the tour               When booking a package tour, the customer may
        final prices. Information on this can be found on                up to 4 weeks before the start of the tour (receipt by          also claim reasonable financial compensation for
        TUI.com or at your TUI outlet.                                   traveller) if the minimum number of participants                wasted holiday time if the tour was thwarted or sig-
            Amendments after the above-mentioned dead-                   specified in the respective service description or in           nificantly impaired.
        lines (e.g. in the case of travel/services in accordance         the pre-contractual information and confirmation is        13.2 Limitation of liability
        with sub-sections 8.4.1 and 8.4.2 B from 30 days                 not reached. TUI will of course inform the traveller       		 TUI‘s liability for damages other than bodily injury
        before the start of the travel or service) as well as            if it becomes apparent at an earlier point in time              shall be limited to three times the agreed price
        changes beyond the period of validity of the service             that the minimum number of participants cannot be               insofar as the damages suffered by the customer
        description on which the booking is based (sub-                  reached.                                                        are not due to culpable causation.
        section 1.1) can only be made after cancelling the                    TUI shall send notice of cancellation to the          13.3 Tortious claims for damages
        contract under the conditions outlined in sub-                   traveller immediately and refund the travel price          		 Except in the case of intent or gross negligence all
        section 8.4 and initiating a new booking.                        paid without delay, but in any case, within 14 days             tortious claims for damages against TUI which are
            Furthermore, flight amendments, changes to the               of receipt of the notice of cancellation.                       not based on intent or gross negligence, or liability
        travel/service dates, the destination and the start         11.3 TUI may cancel the contract before the start of the             for damage to property shall be limited to three
        of the travel in the case of offers by XTUI, airtours            service if TUI is prevented from fulfilling the contract        times the agreed price.
        Private Travel, ltur and separately marked package               due to unavoidable, extraordinary circumstances; in                 These maximum liability amounts apply per
        tours which include special scheduled flight fares               this case TUI must send the notice of cancellation              traveller and per booked service. Possible claims
        can only be made after cancelling the contract under             immediately after becoming aware of the reason for              under the Montreal Convention or the German
        the conditions as per sub-section 8.4 and initiating a           cancelling. If TUI cancels the contract, TUI loses the          Traffic Act remain unaffected by the above
        new booking.                                                     right to retain the agreed price.                               restriction.
            In the case of products marked with „80% cancel-        11.4 Travel advisories from the German Foreign Office           13.4 TUI shall not be liable for disruptions to services,
        lation fee from booking“, there is no entitlement to             are available in German on the Internet at                      personal injury and damage to property in connec-
        amend a booking.                                                 www.auswaertiges-amt.de or by calling                           tion with services which are merely brokered as
    9.2 Within a reasonable period before the start of the               (030) 5000-2000.                                                third-party services (e.g. excursions, sporting events,
        service, the customer may declare on a durable                                                                                   theatre visits, exhibitions, transport services to and
        medium that a third party is entering into his rights        12 Notification of defects, remedy,                                 from the advertised place of departure and desti-
        and obligations under the contract. The declaration                                                                              nation) if these services are expressly and clearly
        shall in any case be deemed to be in good time if it is
                                                                        reduction, termination                                           identified as brokered third-party services in such a
        received by TUI no later than seven days before the                                                                              way that the customer can clearly see who the third
                                                                    12.1 If a service is not provided or is not provided free of         party is providing the services and that these services
        start of the service.
                                                                         defects, the customer may demand redress. TUI can               are not part of the booked services.
            TUI may object to the entry of the third party in
        place of the booked traveller if the third party does            refuse to remedy the situation if it is impossible or               A claim for damages against TUI is limited or
        not fulfil contractual travel requirements.                      involves disproportionate costs.                                excluded insofar as international conventions or
            If a third party takes the place of the booked          12.2 The customer may demand a reduction in the                      statutory provisions derived therefrom are applicable
        traveller, TUI is entitled to charge a flat rate of              agreed price if services have not been provided free            to the services provided by a service provider, if
        €10 for the processing costs it incurs due to the                of defects and the customer has not culpably failed             claims for damages against the service provider
        participation of the substitute. Additional costs                to report the defect immediately (without undue                 can only be asserted under certain conditions or
        actually incurred by service providers (e.g. airlines)           delay). The rights resulting from a reduction of the            restrictions or may be ruled out under certain
        will be charged separately. TUI shall provide the                agreed price shall expire within three years. Section           conditions.
        customer with proof of the amount of additional                  199 (1) BGB applies for the beginning of the               13.5 You are responsible for any participation in sports
        costs incurred due to the entry of the third party.              limitation period.                                              and other holiday activities. You should check sports
        The customer shall retain the right to prove that no        12.3 If TUI cannot remedy the situation as a result                  facilities, equipment and vehicles before using them.
        costs were incurred or substantially lower costs were            of a culpable omission to notify the defect, the                TUI is only liable for accidents that occur during
        incurred than those claimed for the substitution. The            customer is not entitled to assert claims for a                 sporting events and other holiday activities if TUI is
        booked traveller and the substitute shall be jointly             reduction in price or for damages with regard to                culpable. TUI recommends that you take out accident
        and severally liable for the agreed price and the                defective services.                                             insurance.
        costs incurred by the substitute.                                                                                           13.6 The following applies to package tours: Insofar as
    9.3 For products marked with „Free cancellation until                                                                                advertised, your itinerary includes train to flight
        6 p.m. on the day of arrival“, amending a booking                                                                                train tickets from DB AG. The transport service is
        in accordance with sub-section 9.1 and the entry of                                                                              provided on the basis of the terms and conditions
        a third party in accordance with sub-section 9.2 is                                                                              of the respective transport provider, which are
        possible by 6 p.m. (CET) on the day of arrival without                                                                           furnished to you upon request.
        a separate fee being due. Hire car bookings can be                                                                                   The rights and obligations of TUI and the
        amended up to the agreed start of the service without                                                                            customer according to German travel contract
        charging a separate fee.                                                                                                         law and these detailed booking conditions are not
                                                                                                                                         limited by the conditions of the respective transport
                                                                                                                                         provider.
4
Each customer is responsible for arriving in good        15 Passport, visa, customs, foreign                            These booking conditions and notes apply to the
       time at the departure airport, unless such delay is                                                                         tour operator
       due to a culpable or grossly negligent breach of duty           exchange and health regulations
       by TUI.                                                                                                                     TUI Deutschland GmbH
 13.7 Duty to cooperate, complaints                                15.1 When booking a package tour, TUI will inform the           Karl-Wiechert-Allee 23
13.7.1 Within the scope of statutory provisions every traveller         customer/traveller before conclusion of the contract       30625 Hanover
       is obliged to cooperate in the event of service                  about the general passport and visa requirements as        Commercial Register: Hanover HRB 62522
       disruptions in order to avoid or minimise any                    well as health formalities of the destination country,     Telephone: 0511 567-1111
       damage.                                                          including the approximate deadlines for obtaining the
13.7.2 If, contrary to expectations, you have reason to                 necessary visas, and, if necessary, about any changes
       complain, you must inform TUI Service or the local               before the start of the tour. When booking an
       representative immediately on the spot and request               individual service, the customer alone is responsible      All information corresponds to the status as at June 2021,
       a remedy (for contact details, see sub-section 5.3).             for obtaining this information.                            75th edition.
           If TUI Service or the specified contact point           15.2 The customer is responsible for compliance with
       cannot be reached, contact the service provider (e.g.            all regulations important for the performance of
       transfer company, hotelier, ship management), TUI                the booked services. The customer shall bear all
       (for contact details see details at the end) or your             disadvantages, in particular the payment of cancel-
       outlet. You will find the necessary contact details              lation costs, arising from non-compliance with these
       in your itinerary or in the service description (see             regulations, unless they are due to TUI’s culpable
       sub-section 1.1).                                                misinformation or failure to provide information.
           Guests staying in holiday flats/houses/apartments       15.3 If you instructed TUI to obtain visas, unless TUI is
       must immediately request redress from the contact                responsible for the delay, TUI shall not be liable for
       person stated in the itinerary.                                  the timely issue and receipt of necessary visas from
           In the case of air travel, TUI expressly recom-              the respective diplomatic representation. You must
       mends that you immediately notify the competent                  allow for a period of about 8 weeks to obtain visas,
       carrier of any damage to or delays in delivery of                etc. from the relevant authorities.
       baggage and goods on the spot and no later than             15.4 When booking a package tour, please refer to the
       7 days after discovery of damage to baggage or in                pre-contractual information as to whether a passport
       the case of goods within 14 days of receipt; in case             is required for your tour or whether your personal
       of delay in delivery, no later than 21 days after the            identity card is sufficient and please ensure that your
       baggage or the goods have been united with the                   passport or identity card has a sufficient period of
       customer. In all such cases report the damage by                 validity for the tour. Children require their own travel
       means of a PIR damage report to the relevant air                 documents.
       carrier. Airlines usually refuse to refund if the PIR       15.5 Customs and foreign exchange regulations are very
       claim form was not completed and submitted.                      strict in some countries.
           Otherwise, the loss, damage or misrouting of                     Please inform yourself carefully and be sure to
       baggage must be reported to the travel manage-                   follow the regulations.
       ment or the local TUI representative.                       15.6 Some countries require certain vaccination
13.7.3 Travel representatives are not entitled to                       certificates and health precautions. This may also
       acknowledge any claims.                                          apply to travel to and from Germany. For relevant
 13.8 Limitation                                                        information, please refer to the pre-contractual
		 Claims for damages by the customer are subject to                    information when booking a package tour and
       a three-year limitation. Section 199 (1) of the BGB              contact your outlet.
       shall apply to the commencement of the limitation
       period.                                                      16 Data protection
           TUI‘s statutory right to assert claims for com-
       pensation due to alteration or deterioration of the         The personal data you provide to us will be

       items provided to the customer in the context of the        electronically processed and used to the extent
       performance of the services expires six months after        necessary for the fulfilment of the contract. All
       the end of the travel.                                      your personal data will be processed according
                                                                   to German and European data protection law.
  14 Consumer dispute resolution/                                  Further information on the handling of your
                                                                   data is available in our privacy policy at
     EU online dispute resolution                                  www.TUI.de/Datenschutz
     platform and assignment
                                                                    17 General
14.1 Consumer dispute resolution/EU online dispute
     resolution platform                                          		 The invalidity of individual provisions of the contract
		 TUI does not currently participate in any voluntary               shall not result in the invalidity of the entire contract.
     procedure for alternative dispute resolution in                 The same applies to these booking conditions.
     accordance with the German Consumer Dispute
     Resolution Act. Therefore, our customers cannot
     use such a procedure or the platform for the
     online settlement of consumer disputes
     (OS platform) provided by the EU Commission
     at http://ec.europa. eu/consumers/odr/.
14.2 The assignment of claims against TUI is excluded.
     This does not apply to family members travelling with
     the customer or participants in a jointly registered
     group.

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